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Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 5767
Experience:  20 years of professional experience
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How do I obtain a court order to get a copy of my original

Customer Question

How do I obtain a court order to get a copy of my original birth certificate. I am not adopted, but my father was unknown at my birth. My mother and her husband did make a change to the certificate, unbeknownst to me. I didn't find out about having another father until I was 35 (now 77) Just trying to put it all together, but North Dakota needs a court order. thank you in advance for your help.
Submitted: 1 year ago.
Category: Family Law
Expert:  Maverick replied 1 year ago.

Welcome to Just Answer (“JA”)! My name is Maverick. Please note that:

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I am not really following you. Is the original birth certificate sealed by a court order? Can you upload the letter you received so we may take a look at it?

Customer: replied 1 year ago.
OK. I will send that over to you, as soon as i can get it uploaded. thank you, Maverick.
Expert:  Maverick replied 1 year ago.

Sure... I am signing off for the night but will be back tomorrow....

Customer: replied 1 year ago.
O.K. I am ready. Will send tomorrow.
Expert:  Maverick replied 1 year ago.

FYI: I am back....

Customer: replied 1 year ago.
Did you get my letter?
I did add it as a file.
Customer: replied 1 year ago.
Will add it again, just in case.
Customer: replied 1 year ago.
Are you still in today? Let me hear if you need anything else.
Customer: replied 1 year ago.
Another thing. The letter refers to an adoption. I was not ever adopted. My mother did not list a father on the original, as far as I know. They are just assuming that there was an adoption involved. My mother may have added her husband's name when I was in my 20's, but no adoption. Thank you, Patty
Expert:  Maverick replied 1 year ago.

Patty:

They are refering to the section below which can be found under 23-02.1-18 (3). at this page.

"3. When a new birth record is established, the actual place and date of birth must be shown. The new birth record must be substituted for the original birth record: a. Thereafter, the original birth record and the evidence of adoption, paternity, or legitimation is not subject to inspection except upon order of a court of competent jurisdiction or as provided by rules and regulations."

You will need to file a petition with the court to unseal the record. Even adult adoptees are permitted to view this information under section 14-15-16 which is here.

It appears that you will need to file a declaratory judgment action where in you allege that you are now an adult and thus you are entitled to the original birth record and as for a court order that unseals that against the Department of Health .

See DJ law here.

Customer: replied 1 year ago.
i am still unclear as to whether I need an attorney to file these petitions or??
Expert:  Maverick replied 1 year ago.

You do not need an attorney if you know how to do them; but most non attorneys do not have to experience to file one. Even many attorneys that do not specialize in adoption or family law would not be in a position to file one. So, yes, you will probably need a local family law attorney to assist you with this.

Customer: replied 1 year ago.
Approximately what would the cost be for this service.?
Customer: replied 1 year ago.
Also, do you think this is something that Legal Aid would be able to do for me?
Expert:  Maverick replied 1 year ago.

You are probably looking at $750-$1000.00.

Yes, legal aid might be able to help if you qualify for their services.

Customer: replied 1 year ago.
Well, you have given me the information I need (the sheets of law) to get closer to the answers. It is sort of wild to think that my ex-husband is one of the top lawyers in the country...although criminal defense...I am one of those stubborn mules that won't ask for his help...and my financial situation is probably 1% of his. But, life goes on and I am getting closer to my answers. I spent 35 years thinking my birth father was raising me. Then my mom told me who my "real" dad was...when I was 76 I had a DNA test and my birth father was yet another man. I don't think my mom knew that, she was 15 years old. It is actually a neat story, at least I think so. Maybe a book. Thank you very much, Patty Meshbesher
I will complete the rating. I did pay $19. Think it was a good value.
Expert:  Maverick replied 1 year ago.

Thank you Patty....I was disappointed in myself as I felt I could not be of more help to you...

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